Time for Raising a Matter of Jurisdiction

(570 words)

Formally, there are no conditions as to the precise moment at which a party should raise a matter of jurisdiction. In practice, in view of the principle of prorogated jurisdiction, objections genuinely preliminary in character ought to be raised before the interested party joins issue on the merits. Up to the 2000 amendment of Article 79 of the Rules (in force as of 1 February 2001) preliminary objections had to be filed at th…

Cite this page

Malcolm N. Shaw,
“Time for Raising a Matter of Jurisdiction”, in:
Rosenne's Law and Practice of the International Court: 1920-2015.
Consulted online on 18 August 2017 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0218>